Section 1: Introduction
Section 2: Ordering
2.1. When you place an order through our Online Platform, you have entered into an agreement with the Provider regarding the processing of that order. Should you pay online, the Provider is also responsible for any returns or refunds according to the Provider’s policy for returns or refunds. Moreover, the Provider is responsible for the preparation and quality of your order. You agree to take particular care when providing us with your details and to ensure that these details are accurate and complete at the time you make your order. By agreeing, you also warrant that the credit or debit card details that you have provided are from your own credit or debit card and that sufficient funds are available in order to make the payment.
2.2. You agree that any Dishes purchased by you from the Online Platform are not for resale and that Dishes purchased are intended for your use only and that you are acting as principal only and not as agent for another party when receiving the Dishes.
2.3. You may be required to provide us with your phone number and password when ordering from the Online Platform. Be sure that you keep the combination of these details secure from a third party.
2.4. We agree to take all reasonable care, within the extent of our power, to keep the details of your order and payment secure regarding your order. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Online Platform.
2.5. Bear in mind that any order that you place with us is subject to product availability, delivery capacity and acceptance by us. Whenever you order through our Online Platform, we send you an email to confirm whether the order has been accepted or declined.
2.6. If the ordered Dish is available and delivery capacity is adequate, the Provider will accept and confirm the order. The order will be confirmed by email if an email address is provided If the details of the order are correct.
2.7. The delivery details specified by the Provider will be included in the confirmation email.
2.8. We will inform you by email or phone call if the Dishes are not available or the delivery capacity is inadequate.
Section 3: Prices and Payment
3.1. All transactions for the supply of Dishes is between you and the Provider. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete when you order. You also warrant that the credit or debit card details that you provide are from your own credit or debit card and that you have sufficient funds available to make the payment required.
3.2. All the prices listed on the Online Platform are correct at the time of publication. We reserve the right to alter these as needed. Prices are inclusive of the required sales tax. We also reserve the right to alter the Dishes available for sale and to stop listing certain Dishes as the business requires.
3.3. All the prices listed on the Online Platform reflect the price that the Provider charges at the time of listing. We take great care to keep them up to date and reserve the right to alter these when needed.
3.4. At the time you place your order, the total price for Dishes ordered, including other relevant charges, will be displayed on the Online Platform. The full payment must be made for all Dishes ordered. Your payment can be made in cash or via online payment.
3.5. Should you select online payment, you must pay for your order at the time of submitting your order. To ensure that you payment online is secure, your debit or credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
Section 4: Delivery
4.1. All delivery periods quoted at the time of ordering are approximate only and there be some variance due to traffic and other unforeseen conditions. The Dishes you ordered will be delivered to the address provided by you at the time of ordering.
4.2. Whether delivery is performed by the Provider or a third-party delivery partner assigned by the Provider, we will take care to deliver your order in a timely manner. No responsibility is taken for late delivery by the Provider. We will not be held liable for any loss caused to you by late delivery. Sould a late delivery occur, the delivery charge will not be voided or refunded to you by the Provider.
4.3. Any risks inherent in the Dishes are passed to you upon delivery of them.
4.4. If, at the time your Dishes are ready for delivery, you fail to accept said delivery, or we are unable to deliver at the specified time due to your failure to provide accurate and relevant instructions or authorizations, then the Dishes shall be deemed to have been delivered to you and all risk and responsibility in relation to them shall pass to you. Furthermore, any storage, insurance, and other costs which we incur as a result of the inability to deliver will be your responsibility and you agree to indemnify us in full for such cost that may be incurred.
4.5. Please be aware that it may not be possible for the Provider to deliver to certain locations. If this is the case, the Provider will inform you by using the contact details that you provided to us when you made your order and arrange for cancellation of the order or the delivery of the order to an alternative delivery address.
4.6 Please be informed that a Tax Invoice can be issued two weeks after the date of delivery. According to the number of customers who have requested a Tax Invoice, this may be delayed by one or two weeks further. Please note that the receipt will be required by the Provider to issue the Tax Invoice. Kindly refer to the e-receipt sent to your e-mail for proof of purchase. It is also possible that delays may be incurred depending on the duration required by the postal service. After one month after the delivery date, if you have not received the Tax Invoice, kindly contact us.
Section 5: Pick-ups
5.1 The pick-up time quoted when you make your order is approximate only and may vary.
5.2 Please note that it is deemed your sole responsibility to proceed to and receive your order pickups. The Provider is not liable for any failure in the order pick-ups with respect to location and/or time at the time of order submission.
Section 6: Cancellation & Refund Policy
6.1. Please be aware that you can cancel or amend your order at any time simply by contacting us. However, limitations exist as to what changes or cancellations to orders can be made. Your order will begin to be processed almost immediately after your check-out. During this processing time, it may be possible to cancel your order, but the Provider reserves the right to refuse cancellation or refund at any point during its processing period.
6.2. In certain circumstances and in accordance with the Provider’s refund policy, the Provider may provide you with a refund. Refunds will be made only through credit card payments and will be made only if the cancellation is made within 15 minutes of receiving order completion confirmation by SMS. The purchases which are applicable for a refund will take 10-20 working days for the refund confirmation with the merchant’s bank. The designated bank will be responsible for the payment and may take 15-30 days after refund approval to do so. In all cases, refunds are not given to food already consumed and are subject to the Provider’s discretion. If you are not satisfied with your order, please contact us immediately and before consumption.
Section 7: Limitation of Liability
7.1. We take the greatest care to ensure that information on the Online Platform is correct and free of error. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Online Platform will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Online Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose or accuracy of the information appearing there.
7.2. Through the accepting of these T&C, you agree to relieve us from all liability which may arise from your use of information from any third party, or your use of any third party website, or your consuming of any the Dishes from the Provider.
7.3. The Provider disclaims any and all liability for the supply of Dishes to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. Should we be found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Dishes. However, we cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever they may arise or occur. This limitation of liability does not apply, though, to personal injury or death should such arise as a direct result of negligence on the part of the Provider.
7.4. Please note that the Provide cannot accept liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Online Platform.
7.5. Furthermore, the Provider cannot be held liable for any failure or delay in delivering Dishes where such failure or delay arises as a result of any event of Force Majeure.
7.6. You agree that the Dishes delivered are provided for only private domestic and consumer use. As such, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties which may arise out of the use of our Online Platform or for any products or services purchased from us.
7.7. Please note that the Provider may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service in the event that the Provider has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud in any transaction or representation. Should there exist an abuse of vouchers or discount codes, the Provider reserves the right to seek compensation from any and all violators.
7.8. All offers in the Online Platform are subject to the Provider’s discretion and may be withdrawn at any time and without advance notice.
Section 8: General
8.1. All prices in the Online Platform are shown in Thai Baht. Relevant tax and VAT is included where indicated.
8.2. Be aware that we may subcontract any part or parts of the services provided to you from time to time. We may also assign or novate any part of our rights under these T&C without your consent or any requirement to notify you.
8.3. The Provider may alter or vary the T&C at any time without your consent or any requirement to notify you in advance.
8.4. By the act of using this Online Platform, you agree not to collect or harvest any personally identifiable information from the Online Platform, or use communication systems provided by the Online Platform for any commercial or solicitation purposes, or solicit for any reason whatsoever any users of the Online Platform with respect to their submissions to the Online Platform, neither may you publish nor distribute any vouchers or codes in connection with the Online Platform, nor scrape or hack the Online Platform for any reason.
8.6. Both parties hereby agree that such terms or conditions shall be deemed to be deleted and the remainder of the T&C shall continue in force without such terms or conditions should any terms or conditions of our T&C be deemed invalid, illegal or unenforceable according to the laws of the Kingdom of Thailand.
8.7. In all cases, these T&Cs shall be governed by and construed according to the laws of the Kingdom of Thailand. The parties hereto submit to the exclusive jurisdiction of the courts of Thailand.
8.8. Both parties agree that all dealings, correspondence and contacts between us shall be made and/or conducted in English language.
- INFORMATION THAT WE COLLECT FROM YOU
- Upon visiting our Online Platform or placing an order through the Online Platform, you may be asked to provide information about yourself. This may include your name, contact details and payment information such as credit or debit card details. We may also collect information about your usage of the Online Platform and relevant information about you from the messages you post to the Online Platform and any correspondence between us.
- USE OF YOUR INFORMATION
- Please be aware that the Provider may use your information to contact you for your opinions or comments on our services and we may notify you upon occasion about important changes or developments to the Online Platform or our services should any occur.
- You agree, wherever you have indicated, that we may use your information to inform you about our other products and services that we deem thereby may be of interest to you. This includes services that may be the subject of direct marketing. We may contact you to do so by post, telephone, mobile messaging (e.g., LINE, Messenger, SMS, MMS etc.) as well as by direct e-mail to you.
- Furthermore, wherever you have indicated, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to inform you in regard to other goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. LINE, Messenger, SMS, MMS etc., and/or e-mail) and to assist us to analyze the information we collect in order that we can administer, support, improve and develop our business and services to you.
- Please let us know, by using the contact details set out below and/or amending your profile accordingly, should you not wish us to use your data in this way or should you change your mind about being contacted by us in the future.
- By submitting comments and feedback on the Online Platform or in any marketing or advertising materials regarding our products and the services, you allow us to use your comments and feedback on the Online Platform and/or in any marketing or advertising materials. However, in that case, we will only identify you for this purpose by your first name and the city in which you reside.
- DISCLOSURE OF YOUR INFORMATION
- Any information you provide to us will be transferred to and stored on our servers and the servers of our technical service provider.
- Upon your consent, we may allow carefully selected third parties, including marketing and advertising companies, which are our affiliates and associates, to contact you upon occasion regarding services that we deem may be of interest to you. They may contact you by telephone, SMS and/or by direct e-mail. Should you decide you do not wish to be contacted by these companies in the future, please inform us via the contact details below and/or by amending your profile.
- In the event our business enters into a joint venture with, purchases or is sold to or merged with another business entity, note that your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors as appropriate.
- We reserve the right to disclose information that you provide to us in order to comply with (and/or where we believe we are under a duty to comply with) any law or legal obligation of our Online Platform in the Kingdom of Thailand, in regard to these Terms and Conditions, or if it is reasonably necessary in our opinion to protect our rights or property or safety of the Online Platform or any third party, or to avoid injury to any person; or to enforce our Online Platform’s Terms and Conditions and any other agreement; or to protect the rights of the Provider or others. This includes the exchange of information with other companies and other organizations for the purposes of fraud protection and prevention.
- SECURITY AND DATA RETENTION
- Be assured that we take well considered steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. Your information will be kept by us for a reasonable period or for as long as the law requires.
- Wherever you have created a password which allows you to access certain parts of the Online Platform, you are responsible for keeping this password confidential. We advise you not to share your password with any third party.
- Be aware that transmission of information via the internet is not completely secure. Although we do our utmost to protect your information, we cannot absolutely guarantee the security of data you have transmitted to the Online Platform. Any transmission is at your own risk. Once we have received your information, we shall use strict procedures and security features to try to prevent unauthorized access to it.
- Due to the nature of the internet, we cannot and do not provide any guarantee or warranty regarding the security of your information during transmission to us or storage by us and you acknowledge that you disclose any of your information to us at your own risk.
- ACCESSING AND UPDATING
Please not that you have the right to see the information we hold about you (via “Access Request”) and to request that we make any changes to ensure that it is accurate and up to date.